New Delhi, Jan 25 (IANS) The Supreme Court Friday issued notice to the Union government on a plea seeking the Schedule Castes status for ‘low-caste’ Muslims of Maharashtra, engaged in menial professions like shoe-making, meat slaughtering or scavenging.
A bench of Chief Justice K.G. Balakrishnan issued the notice on a joint plea by the All Maharashtra Khatik Association and others who also sought the annulment of the Constitution (Schedule Castes) Order, 1950, on the ground that it has determined the Schedule Castes only among Hindus, Sikhs and Buddhists despite the Constitution envisaging no discrimination on the grounds of religion.
The bench, which also included Justice R.V. Raveendran, however, did not entertain the plea for annulment of the 1950 constitutional order of the president and refused to issue any notice on it.
Counsel Mushtaq Ahmed, appearing for the petitioner, argued before the court that low-caste Muslims, engaged in menial professions were originally low-caste Hindus, who converted to Islam ages ago owing to various prevalent social factors.
Despite converting to a different religion, they carried on with their earlier professions and continued to be social outcastes, Ahmed said. They were, therefore, at par with their Hindu counterparts in terms of social and educational backwardness.
Ahmed told the court that the president’s 1950 constitutional order, which refused to recognise them as schedule castes, deprived them of the government’s efforts aimed at the uplift of their Hindu counterparts.
The counsel pointed out that the National Commission for Religious and Linguistic Minorities headed by former chief justice Ranganath Mishra had recommended the Scheduled Castes status for Dalit Muslims.
Also, the National Commission for Schedule Castes, headed by former Bihar governor Buta Singh, had approved Justice Mishra’s recommendations. But it stipulates that the measure should not disturb the 15 percent quota for Muslims in state jobs and education institutions and overall 50 percent quota limit imposed by the apex court.